Los Angeles daily herald., 1887-12-08
THE ELECTION.
Ballots to be Counted on
Monday Next.
THE GENERAL IMPRESSION
That the Council Has no Right to
Decide a. to he L. gality
of the Question.
THE ELECTION.

The question of the validity OF the
late election is still being discussed
by the politicians and the citizens III
general and it i probable that no
topic tnat has ever arisen in this city
has attracted so much attention and
caused 30 much talk. The opinions
of the legal members of both parties
have been sought and have been dis
cussed at length on the street corners
and in the offices and homes OF the
people, and these have been printed
in the newspapers. 1t is the general
opinion of the melnb ers of the present
Council that the ballots should he
counted on Monday next and certiti-
Gates If election issued to those
who have the maj rites. President
Breed said yesterday t at III his
opinion the proper way Tor the Cotln-
Gil to proceed was to count the bal
lots and order the certificates to issue.
AS regards himself he had no desire
to remain in the Council and he
would resign in any event. MIR. VII
lard and others OF the outgoing coun-
cil,nen expressed themselves Similarly
and the conclusion reached was that
the vote will he canvassed OH Mon
day morning heXt.
Judge Fred rick Hall, the author
of the valuib q work entitled, HILL
Mexican Law" has written the fol-
lowing opinion Oh the validity of the
election:
The right TO an Office depends upon the
majorily of the votes given, aud not up IL
the majuIitv of the voters residing III the
territorial jurisdiction who are entitled to
vote therein.
1t was generally understood that the polls
would cl, sc at sunset, and uudouDtedl' all,
or near all, voJed who wished TO- Let us
suppose it IL be Il fact that every person en-
titled to Vote did actually vote. Will 1t be
COutended that il such a case that the cleo
ton we Id vaid because the soils closed
at sunset? Certainly not.
The Supreme Court said, in Prcston Us. Cul-
bertson So Cal. 1873: THE Important question
i'll election cases is, Ia we the qnalh, d cleo
tors been deprived Of fair oppo tunity OF
expressing their prefer, nee. Mere irregu-
larities. which do Not feet the final resu t,
should be disreg
In the same ,se it appeared as fact that
the polls at oue preciuct were opened, not
At the place appointed by the SUPERVISORS,
but Il short distance tlcrefrOm, aud III sight
OF TIE place appointed. Tue Court h Id that
the Votes OF that precinct were properly
counted in, aud that 1t was not error hot to
reject them.
in Keller " Chapman, 81 Cal, 6s5, the SUI
preme Court held: "tlectlun returns should
not ie rejected for any irregula lily i'll the
appOin ment of the officers Ofel lion where
it does not appear that any injurio Is results
accrued therefrOm, either BY the leception
of Illegal votes or the REJECTION of legal
n hat a
gained votes thei eby."
Now, it is Gle ar that the Council must
count the votes, declare the result and issue
certificates of election 10 the persJns receiv-
ing the maj ,rity Of Otes given If any per-
son desires to contest the 8 tine by showing
that he WAS deprived of votes by the closing
of the polls ut sunset, aud deprived OF suf-
fcicut votes have changed the election,
he is ent lied TO that emedy.
In Sprdgue "a. NOrUnz, 81 Cal, 49, the Su
preme Court remdrkeu: Mere lriegutaritI s
which do not affect the final result, or, IN
other words, do not produce different re-
suit from that which would have otherwise
happened, are lot vicious. Fl, ct"rs Can
nof be denied the beneht of their votes upon
such slender ground"
Dillon, T. MUIR. Corp, Sec 1917, states: at
Ia now II cauun Of election law int an
election is not to lie st aside f.'r a mere lu-
fOrmality or iriegulaiity which cannot be
said in any manner t. have Affected the
result OF the e,ection."
Now take the case If the election in this
city. Non C0nstat that the result OF the
election would have been different had the
polls been kept oper unit O'Clock.
1t ma, br, possibly, that case may be
presented when the Council would be JUST
fed in declaring IN election VOID, hut the
cle ton in question l. not one OF Them.
Z g Couhcil have no right, by coup de
main, to deny tue people of their right To
the expression OF their opinion through the
ballot box.
M plara /, # r,,sul p,,nl
mission ur &c tticate must be Withheld on
ncco mt of any defect or iniormulity III e
return of auv election, if IL can with rear.
enable certainty he asceithined from such
return what Office is Interested, and who is
elected thereto" suppose the return
showed that the pol s clos, at sunset, the
Council could not declare the election void
therefor.
1t is apparent that the Legislature did
not intend that the will of the Pc pie
should be tiled with.
The general rule is, throughout the
several States, that the regulations pre-
scribed by law for carrying ON elecilons aIe
directory merely, and not mandatory.
Therefore they will not be lii r Nv en-.
forced where the nonobservance thereof
has produced no injury.
Then to apply this general rule to II G only
feasible method is to have the votes counted
by the Council, the result declared and
certificates of election issued to the re-
spective parties. Then, if any party cells
sgrieyed he may contest the right b. re
the judicial tribunals But, in order to
succeed, he must prove that the result OF
the election would have been otherwise by
keeping the pol s. open until O'clock He
cann0, have judgment by default; re must
prove his case. FREDERIC HALL.
December z, 1887.
Major Burke, Chairman of the
Democratic City Central Committee,
stated Yesterday hat he did not an
ticipate any hinderance being placed
in the way OF the seating OF the
elected Councilmen. The committee
has engaged Lieutenant-Gover S.
NJ. White to represent it at the meet
lag Of the Council next Monday, and
then the ballots will be canvAssed,
and the certificates issued. The com
notices of election had been issued
with an honest intention by the City
Clerk, under instructions from the
Council, and it had no fault to find
with any of the officers. The COM
mittee did not think it necessary
to take any steps in the
matter, since it was the opinion OF
everybody that the elected officers
would be seated on Monday.
Interviews with large number OF
leading Democrats yesterday failed to
find one who blamed City Clerk iced
or the City Councilman for the acct
dent and it was conceded by all that
the onus of the mistake in the hours
of the election rested upon no one in
particular and everybody in general
1t was also found that there was moi
one prominent or learned lawyer
whose opinion was contrary to that Of
those who hold that the elected mer
must he sea,ed and the contest, II